Legal Opinion

Thropp v. Susq. Mut. F. Ins.

Supreme Court of Pennsylvania

Decided April 15, 1889No. 288PublishedCited by 5 opinions

ERROR TO THE COURT OE COMMON PLEAS OE MONTGOMERY COUNTY. No. 288 January Term 1888, Sup. Ct.; court below, No. 84 March Term 1884, C. P. On February 6, 1884, the Susquehanna Mutual Fire Insurance Company brought an action in assumpsit against Joseph E. Thropp, to recover assessments on an interest-bearing premium note given by Thropp to the company, upon taking out a policy of insurance.

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ERROR TO THE COURT OE COMMON PLEAS OE MONTGOMERY COUNTY. No. 288 January Term 1888, Sup. Ct.; court below, No. 84 March Term 1884, C. P. On February 6, 1884, the Susquehanna Mutual Fire Insurance Company brought an action in assumpsit against Joseph E. Thropp, to recover assessments on an interest-bearing premium note given by Thropp to the company, upon taking out a policy of insurance. On May 25, 1877, Thropp applied to the plaintiff, a mutual insurance company, for an insurance of $1,100 on certain of Ms property for the period of five years from that date, and in pursuance of his…

1Opinion of the Court

Opinion,

Mr. Justice Mitchell :

The principal question of law raised in the present case was upon the validity of the assessments made by the defendant in error. The case was tried before the publication of the opinion of this court in Insurance Company v. Gackenbach, 115 Pa. 492, and the rulings of the learned judge below were at variance with the decision in that case. On an examination, however, of a correct copy of the by-law under which the assessments were made, it has appeared clearly that this court, speaking through our late brother Teunkey, was misled by an incorrect copy in the…

2Cases cited3 opinions

  1. Susquehanna Mutual Fire Insurance v. Gackenbach & SeisloveSupreme Court of Pennsylvania · 1887
  2. Appeal of the Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1884
  3. Wilson v. Trumbull Mutual Fire InsuranceSupreme Court of Pennsylvania · 1852

3Cited by5 opinions

  1. Clark v. SullivanNorth Dakota Supreme Court · 1893
  2. Susquehanna Mutual Fire Ins. v. OberholtzerSupreme Court of Pennsylvania · 1895
  3. Susquehanna M. F. Ins. v. Leavy, Pennsylvania Court of Common Pleas, Clearfield County1890
  4. Singer v. PiltonSupreme Court of Pennsylvania · 1924
  5. Farmers' & Breeders' Mutual Reserve Fund Live Stock Ins. v. BeckSuperior Court of Pennsylvania · 1917

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